Violations of the automatic stay in bankruptcy are common. Â Most consumers who have seen their rights violated in bankruptcy have lawyers who will sue for money damages. Â For the most part, lawyers who sue creditors for violations of the automatic stay in bankruptcy also have the ability to get the creditor to pay their legal [...]
October 2009
I was wrong: I’ve routinely told clients intrigued by the “lost note” defense to foreclosure that, however the court rules on ownership of the note, they don’t get a free house. According to Sunday’s New York Times article, If Lenders Say ‘The Dog Ate Your Mortgage, at least one judge has held differently. After the [...]
Yes, if a judgment has been obtained. The judgment creditor can request the court to issue a garnishment writ. The judgment creditor can garnish your bank accounts, savings accounts and any non-exempt personal property of yours held by a third party. While wages may not be garnishable in Texas, your wages lose their character of wages [...]
attorney client privilege in bankruptcy applies
In my nearly 20 years of practicing bankruptcy law, I have never been as excited by anything as the development of the individual Chapter 11 case. Traditionally, Chapter 13 has been used for personal reorganizations while Chapter 11 has been reserved for more complex corporate reorganizations. Â However, a small handful of sophisticated bankruptcy lawyers, like [...]
Defects in Massachusetts foreclosures are estimated to run into the thousands. The Land Court recently reaffirmed its earlier Ibanez decision which ruled that mortgages cannot be transferred retroactively.  This is one of the several items on my Massachusetts Foreclosure Defense Checklist.
